| Citation: |
Daniels v. Canada (Indian Affairs and Northern Development), 2011 FC 230, [2011] 2 F.C.R. D-6 |
T-2172-99 |
Practice
Costs
Motion for advance order for costs in order that final preparation, trial may be funded—Action funded to date under Test Case Funding Program (TCFP), which funding close to expiry—Plaintiffs commencing action for purposes of securing declaration that Métis, non-status Indians constituting “Indians” for purposes of Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 91(24)—TCFP created to fund important Indian-related test cases having potential to create judicial precedent—Federal Court having jurisdiction, wide discretion to make advance order for costs, in accordance with Federal Courts Rules, SOR/98-106, r. 400—Orders for advanced costs highly unusual, must be approached with caution—Although each case turning on own facts, Court having to consider three criteria: party seeking costs impecunious; claim to be adjudicated prima facie meritorious; issues raised of public importance—Present case meeting all three criteria—Even if applicant for advanced cost order meeting three conditions, Court may still refuse to grant such order—However, Court not refusing to do so herein—Motion granted.
Daniels v. Canada (Indian Affairs and Northern Development) (T-2172-99, 2011 FC 230, Phelan J., judgment dated February 25, 2011, 14 pp.)